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By: Duncan, Ogden S.B. No. 368
(In the Senate - Filed February 7, 2005; February 15, 2005,
read first time and referred to Committee on State Affairs;
March 21, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 21, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 368 By: Harris
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of state judges and to the computation
of retirement benefits for state judges and for members of the
elected class of the Employees Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (d), Section 659.012,
Government Code, are amended to read as follows:
(a) Notwithstanding Section 659.011:
(1) a judge of a district court is entitled to an
annual salary from the state of at least $125,000, except that the
combined salary of a district judge from state and county sources,
including compensation for any extrajudicial services performed on
behalf of the county, may not exceed the amount that is $5,000 less
than the salary provided for a justice of a court of appeals other
than a chief justice [justice of the supreme court is entitled to an
annual salary from the state that is at least $102,463];
(2) a justice of a court of appeals other than the
chief justice is entitled to an annual salary from the state that is
equal to 110 percent of the salary of a district judge [five percent
less than the salary provided by the General Appropriations Act for
a justice of the supreme court], except that the combined salary of
a justice of the court of appeals other than the chief justice from
all state and county sources, including compensation for any
extrajudicial services performed on behalf of the county, may not
exceed the amount that is $5,000 [$1,000] less than the salary
provided for a justice of the supreme court;
(3) a justice of the supreme court other than the chief
justice or a judge of the court of criminal appeals other than the
presiding judge is entitled to an annual salary from the state that
is equal to 120 percent of the salary of a district judge; and
(4) the chief justice or presiding judge of an
appellate [a] court [of appeals] is entitled to an annual salary
from the state that is $2,500 more than the salary provided for the
other justices or judges of the court [of appeals], except that the
combined salary of the chief justice of a court of appeals may not
exceed the amount that is $2,500 [$500] less than the salary
provided for a justice of the supreme court [; and
[(4) a judge of a district court is entitled to an
annual salary from the state that is 10 percent less than the salary
provided in the General Appropriations Act for a justice of the
supreme court, except that unless otherwise provided by law, the
combined salary of a district judge from state and county sources
may not exceed the amount that is $2,000 less than the salary
provided for a justice of the supreme court].
(d) In a county with more than five district courts, a
district judge who serves as a local administrative district judge
under Section 74.091 is entitled to an annual salary from the state
that is $5,000 more than the salary from the state to which the
judge is otherwise entitled under Subsection (a)(1) [(c)].
SECTION 2. Section 659.0125, Government Code, is amended to
read as follows:
Sec. 659.0125. SALARY FOR LOCAL ADMINISTRATIVE JUDGE. In a
county with more than six district courts, a district judge who
serves as a local administrative district judge under Section
74.091 is entitled to an annual salary from the state that is $5,000
more than the salary from the state to which the judge is otherwise
entitled under Section 659.012 [659.012(c)].
SECTION 3. Section 152.0003, Human Resources Code, is
amended to read as follows:
Sec. 152.0003. COMPENSATION. The compensation authorized
under this chapter for a judge serving on a juvenile board is in
addition to all other compensation provided or allowed by law for a
judge. Notwithstanding any other law, the combined salary of a
district judge serving on a juvenile board may not exceed an amount
that is $5,000 less than the combined salary provided for a justice
of a court of appeals other than the chief justice.
SECTION 4. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.030 to read as follows:
Sec. 72.030. COLLECTION OF DATA RELATING TO JUDICIAL
TURNOVER. (a) The office biennially shall collect data relating
to:
(1) the rate at which state judges resign from office
or do not seek reelection; and
(2) the reason for action under Subdivision (1).
(b) Not later than December 1 of each even-numbered year,
the office shall file a report containing the data collected under
Subsection (a) for the preceding state fiscal biennium with the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of each house
of the legislature with jurisdiction over the judiciary or
appropriations.
(c) The report filed under Subsection (b) must include the
following findings:
(1) whether the compensation of state judges exceeds,
is equal to, or is less than the compensation of judges at
corresponding levels in the five states closest in population to
this state; and
(2) whether the compensation of state judges exceeds,
is equal to, or is less than the average salary of lawyers engaged
in the private practice of law, using data collected by the state
bar under Section 81.116.
(d) The purpose of the report under this section is to
provide the legislature with information to facilitate legislation
that ensures that the compensation of state judges is adequate and
appropriate.
SECTION 5. Subchapter H, Chapter 81, Government Code, is
amended by adding Section 81.116 to read as follows:
Sec. 81.116. COLLECTION OF DATA RELATING TO ATTORNEY
COMPENSATION. (a) The state bar shall biennially collect data
relating to the compensation of lawyers engaged in the private
practice of law.
(b) Not later than December 1 of each even-numbered year,
the state bar shall file a report containing the data collected
under Subsection (a) for the preceding state fiscal biennium with
the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing
committees of each house of the legislature with jurisdiction over
the judiciary or appropriations.
SECTION 6. Section 814.103, Government Code, is amended to
read as follows:
Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
SERVICE. (a) Except as provided by Subsection (b) and Section
814.1031, the standard service retirement annuity for service
credited in the elected class of membership is an amount equal to
the number of years of service credit in that class, times 2.3 [two]
percent of the state salary, as adjusted from time to time, being
paid a district judge.
(b) The standard service retirement annuity for service
credited in the elected class may not exceed at any time 100 percent
of the state salary being paid a district judge.
SECTION 7. Subchapter B, Chapter 814, Government Code, is
amended by adding Section 814.1031 to read as follows:
Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR ELECTED
CLASS SERVICE AS STATE PROSECUTOR. (a) In this section, "state
prosecutor" means a person eligible for membership in the elected
class under Section 812.002(a)(3).
(b) Except as provided by Subsection (c), the standard
service retirement annuity for service credited in the elected
class of membership paid to a state prosecutor is an amount equal to
the sum of:
(1) the number of years of service credit for service
of the member as a state prosecutor times 2.3 percent of the state
salary, as adjusted from time to time, being paid a district judge;
and
(2) the number of years of service credit for service
of the member as any other elected class member times 2.3 percent of
the state salary, as adjusted from time to time, being paid the
governor.
(c) The standard service retirement annuity paid to a state
prosecutor for service credited in the elected class as a state
prosecutor may not exceed at any time 100 percent of the state
salary being paid a district judge.
SECTION 8. Subchapter B, Chapter 833, Government Code, is
amended by adding Section 833.1035 to read as follows:
Sec. 833.1035. SERVICE IN EXCESS OF 20 YEARS. (a) Subject
to the limitation on the amount of a retirement annuity under
Section 834.102(c), an eligible member may establish service credit
in the retirement system for service in excess of 20 years performed
before September 1, 2005.
(b) A member eligible to establish credit under Subsection
(a) is one who elects to make contributions under Section 835.1015.
(c) A member may not establish more than 120 months of
service credit under this section.
(d) A member may establish credit under this section by
depositing with the retirement system a contribution computed for
each month of qualifying service claimed at the rate of six percent
of the member's current monthly state salary.
(e) The board of trustees may adopt rules to administer this
section.
SECTION 9. Section 834.102, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The service retirement annuity of a member qualifying
for retirement under Section 834.101(a) is the applicable state
salary under Subsection (a), multiplied by a percentage amount that
is the sum of 50 percent plus the product of two percent multiplied
by the number of years of subsequent service credit the member
accrues under Section 835.1015(a). After including any increase
under Subsection (b), the service retirement annuity under this
subsection may not be an amount that is greater than 80 percent of
the applicable salary under Subsection (a).
SECTION 10. Subsection (c), Section 835.101, Government
Code, is amended to read as follows:
(c) Except as provided by Section 835.1015, a [A] member who
accrues 20 years of service credit in the retirement system ceases
making contributions under this section.
SECTION 11. Subchapter B, Chapter 835, Government Code, is
amended by adding Section 835.1015 to read as follows:
Sec. 835.1015. CONTRIBUTIONS AFTER 20 YEARS OF SERVICE
CREDIT. (a) A judicial officer who is a member of the retirement
system and who accrues 20 years of service credit in the retirement
system may elect to make contributions for each subsequent year of
service credit that the member accrues by filing an application
with the retirement system.
(b) A member who elects to make contributions under
Subsection (a) shall contribute six percent of the member's state
compensation for each payroll period in the manner provided by
Sections 835.101(a) and (b).
(c) A member may not make contributions under this section
for more than 10 years of subsequent service credit that the member
accrues.
SECTION 12. Subchapter B, Chapter 838, Government Code, is
amended by adding Section 838.1035 to read as follows:
Sec. 838.1035. SERVICE IN EXCESS OF 20 YEARS. (a) Subject
to the limitation on the amount of a retirement annuity under
Section 839.102(d), an eligible member may establish service credit
in the retirement system for service in excess of 20 years performed
before September 1, 2005.
(b) A member eligible to establish credit under Subsection
(a) is one who elects to make contributions under Section 840.1025.
(c) A member may not establish more than 120 months of
service credit under this section.
(d) A member may establish credit under this section by
depositing with the retirement system a contribution computed for
each month of qualifying service claimed at the rate of six percent
of the member's current monthly state salary.
(e) The board of trustees may adopt rules to administer this
section.
SECTION 13. Section 839.102, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsections (b), [and] (c), and
(d), the standard service retirement annuity is an amount equal to
50 percent of the state salary being paid at the time the member
retires to a judge of a court of the same classification as the last
court to which the retiring member was elected or appointed.
(d) The service retirement annuity of a member qualifying
for retirement under Section 839.101(a) is the applicable state
salary under Subsection (a) multiplied by a percentage amount that
is the sum of 50 percent plus the product of two percent multiplied
by the number of years of subsequent service credit the member
accrues under Section 840.1025(a). After including any increase
under Subsection (b), the service retirement annuity under this
subsection may not be an amount that is greater than 80 percent of
the applicable salary under Subsection (a).
SECTION 14. Subsection (g), Section 840.102, Government
Code, is amended to read as follows:
(g) Except as provided by Section 840.1025, a [A] member who
accrues 20 years of service credit in the retirement system ceases
making contributions under this section but is considered a
contributing member for all other purposes under this subtitle.
SECTION 15. Subchapter B, Chapter 840, Government Code, is
amended by adding Section 840.1025 to read as follows:
Sec. 840.1025. CONTRIBUTIONS AFTER 20 YEARS OF SERVICE
CREDIT. (a) A judicial officer who is a member of the retirement
system and who accrues 20 years of service credit in the retirement
system may elect to make contributions for each subsequent year of
service credit that the member accrues by filing an application
with the retirement system.
(b) A member who elects to make contributions under
Subsection (a) shall contribute six percent of the member's state
compensation for each payroll period in the manner provided by
Sections 840.102(b)-(f).
(c) A member may not make contributions under this section
for more than 10 years of subsequent service credit that the member
accrues.
SECTION 16. Section 133.003, Local Government Code, is
amended to read as follows:
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) the time payment fee imposed under Section
133.103;
(3) fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
(4) costs on conviction imposed in certain statutory
county courts under Section 51.702, Government Code, and deposited
in the judicial fund;
(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code; [and]
(7) fines on conviction imposed under Section
621.506(g), Transportation Code; and
(8) the cost on conviction imposed under Section
133.105.
SECTION 17. Section 133.004, Local Government Code, is
amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
certain statutory probate courts under Section 51.704, Government
Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018; [and]
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022; and
(10) the filing fee imposed in district court,
statutory county court, and county court under Section 133.154.
SECTION 18. Subchapter C, Chapter 133, Local Government
Code, is amended by adding Section 133.105 to read as follows:
Sec. 133.105. FEE FOR SUPPORT OF COURT–RELATED PURPOSES.
(a) A person convicted of any offense, other than an offense
relating to a pedestrian or the parking of a motor vehicle, shall
pay as a court cost, in addition to all other costs, a fee of $7 to
be used for court–related purposes for the support of the
judiciary.
(b) The treasurer shall deposit 60 cents of each fee
collected under this section in the general fund of the
municipality to promote the efficient operation of the municipal
court and the investigation, prosecution, and enforcement of
municipal and state offenses that are within the jurisdiction of
the municipal court.
(c) The treasurer shall remit $3 of each fee collected under
this section to the comptroller for deposit in the fair defense
account.
(d) The treasurer shall remit the remainder of the fees
collected under this section to the comptroller in the manner
provided by Subchapter B.
SECTION 19. Subchapter D, Chapter 133, Local Government
Code, is amended by adding Section 133.154 to read as follows:
Sec. 133.154. ADDITIONAL FILING FEE IN DISTRICT COURT,
STATUTORY COUNTY COURT, OR COUNTY COURT FOR SUPPORT OF JUDICIARY.
(a) In addition to other fees authorized or required by law, the
clerk of a district court, statutory county court, or county court
shall collect a fee of $37 on the filing of any civil suit to be used
for court-related purposes for the support of the judiciary.
(b) The treasurer shall remit the fees collected under this
section to the comptroller in the manner provided by Subchapter B.
SECTION 20. Section 101.061, Government Code, is amended to
read as follows:
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a
district court shall collect fees and costs as follows:
(1) filing fee in action with respect to a fraudulent
court record or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to
a fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not
to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(4) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(5) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) for each civil suit filed, for court-related
purposes for the support of the judiciary and for civil legal
services to an indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.151, Local Government
Code) . . . $50;
(C) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; [and]
(D) on the filing of any civil action or
proceeding requiring a filing fee, including an appeal, and on the
filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.152, Local Government
Code) . . . $10; and
(E) for each civil suit filed, to be used for
court–related purposes for the support of the judiciary (Sec.
133.154, Local Government Code) . . . $37;
(6) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(7) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(8) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government
Code) . . . $8;
(9) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(10) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(11) for issuing a citation, commission for
deposition, writ of execution, order of sale, writ of execution and
order of sale, writ of injunction, writ of garnishment, writ of
attachment, or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise provided for,
including one copy if required by law (Sec. 51.318, Government
Code) . . . $8;
(12) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(13) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(14) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(15) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(16) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(17) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(18) jury fee (Sec. 51.604, Government
Code) . . . $30;
(19) for filing a report of divorce or annulment (Sec.
194.002, Health and Safety Code) . . . $1;
(20) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(21) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code, if authorized by the county commissioners court (Sec. 51.961,
Government Code) . . . not to exceed $15;
(22) fee on filing a suit for dissolution of a marriage
for services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074, Human
Resources Code) . . . not to exceed $12;
(23) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(24) court cost on citation for contempt of court for
failure to comply with child support order in Nueces County, if
authorized by the commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $10;
(25) fee on filing a suit for divorce in Orange County
(Sec. 152.1873, Human Resources Code) . . . not less than $5;
(26) court costs on citation for contempt of court in
Orange County for failure to comply with a child support order or
order providing for possession of or access to a child (Sec.
152.1873, Human Resources Code) . . . amount determined by
district clerk;
(27) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25;
(28) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100;
(29) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(30) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(31) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(32) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(33) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(34) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(35) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code, as added by Chapter 1150, Acts of the 78th
Legislature, Regular Session, 2003) . . . as imposed by the
referring court or associate judge.
SECTION 21. Section 101.081, Government Code, is amended to
read as follows:
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The
clerk of a statutory county court shall collect fees and costs as
follows:
(1) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(3) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government
Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary, if
authorized by the county commissioners court (Sec. 51.702,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; [and]
(C) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $5; and
(D) for each civil suit filed, to be used for
court–related purposes for the support of the judiciary (Sec.
133.154, Local Government Code) . . . $37;
(8) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(9) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(10) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(11) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(12) additional filing fee to fund contingency fund
for liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(13) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(14) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(15) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(16) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(17) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(18) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(19) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(20) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(21) court cost for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . as
taxed by the court, $10 or more; and
(22) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil Statutes)
. . . $10.
SECTION 22. Section 101.121, Government Code, is amended to
read as follows:
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a
county court shall collect:
(1) fee for hearing on application for a license to
manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic
Beverage Code) . . . $5;
(2) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(3) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(4) a jury fee (Sec. 51.604, Government Code)
. . . $22;
(5) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40;
(6) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(7) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(8) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(9) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(10) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(11) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code)
. . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(12) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code)
. . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(13) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(14) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(15) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(16) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code)
. . . not to exceed $20;
(17) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(18) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(19) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil Statutes)
. . . $10;
(20) appeal bond from a petitioner or taxpayer in a
water control and preservation district (Art. 7818, Vernon's Texas
Civil Statutes) . . . $100; [and]
(21) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $5; and
(22) additional filing fee for each civil suit filed,
to be used for court–related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $37.
SECTION 23. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15;
(5) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(6) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal
Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual
cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal
Procedure) . . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal
Procedure) . . . $15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal
Procedure) . . . $50;
(19) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(20) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; [and]
(21) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1;
and
(22) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Sec. 133.105, Local Government
Code) . . . $7.
SECTION 24. Section 51.607, Government Code, does not apply
to court costs or fees imposed under this Act.
SECTION 25. (a) Not later than December 1, 2005, the
Office of Court Administration of the Texas Judicial System shall
begin collecting the data required by Section 72.030, Government
Code, as added by this Act.
(b) Not later than December 1, 2005, the State Bar of Texas
shall begin collecting the data required by Section 81.116,
Government Code, as added by this Act.
SECTION 26. (a) Section 814.103, Government Code, as
amended by this Act, and Section 814.1031, Government Code, as
added by this Act, apply only to an annuity payment made on or after
September 1, 2005.
(b) The Employees Retirement System of Texas shall
recompute an annuity that first became payable before September 1,
2005, as though Section 814.103, Government Code, as amended by
this Act, and Section 814.1031, as added by this Act, were in effect
on the date the annuity first became payable.
(c) The first payment of the recomputed annuity is payable
on the first payment date occurring on or after September 1, 2005.
SECTION 27. Sections 834.102 and 839.102, Government Code,
as amended by this Act, apply only to a benefit payment made by the
Judicial Retirement System of Texas Plan One or the Judicial
Retirement System of Texas Plan Two, on or after September 1, 2005.
SECTION 28. This Act takes effect September 1, 2005.
* * * * *